Handling Candidate Data Privacy Requests Under GDPR

Understanding Data Subject Rights Under GDPR

Candidates have several rights under GDPR regarding their personal data. These include the right to access, rectification, erasure, data portability, restriction of processing, and objection. As an employer, you must have processes in place to honor these requests promptly.

Building a Request Handling Process

Step 1: Receive and Verify the Request

Upon receiving a data subject request, confirm the identity of the requester to prevent data breaches. You may ask for additional information if needed.

Step 2: Respond Within the Legal Timeframe

GDPR requires a response within one month. For complex requests, you can extend this by two months, but you must inform the requester.

Step 3: Document Everything

Keep a record of each request, your response, and any actions taken. This helps demonstrate compliance during audits.

Specific Rights in Detail

• Right to Access: Provide a copy of the candidate's data and information on processing purposes, categories, recipients, retention periods, etc.
• Right to Rectification: Correct any inaccurate or incomplete data.
• Right to Erasure: Delete data when it's no longer necessary, consent is withdrawn, or processing is unlawful.
• Right to Data Portability: Provide data in a structured, commonly used, machine-readable format (e.g., CSV).
• Right to Restrict Processing: Temporarily limit processing when accuracy is contested or legality is questioned.
• Right to Object: Allow candidates to object to processing, including automated decision-making.

Handling AI Video Interviews

If you use AI video interviews, ensure candidates are informed about automated analysis and their right to request human intervention. Obtain explicit consent for video recording and analysis, and define clear retention policies.

Best Practices for Compliance

• Develop a standard operating procedure for data subject requests.
• Train your HR and recruitment teams on GDPR obligations.
• Integrate request management with your ATS or HR platform.
• Use a privacy management tool to automate workflows and track deadlines.

Conclusion

Handling candidate data privacy requests is not just a legal obligation; it builds trust and enhances your employer brand. By preparing ahead, you can manage requests efficiently and remain compliant.